Tag Archives: sex and gender

New Cuccinelli Website Defends Virginia’s Anti-Sodomy Law

Mother Jones

Today Virginia gubernatorial candidate and state attorney general Ken Cuccinelli launched a website promoting his effort to enforce the state’s law banning oral and anal sex. “Keep Virginia Children Safe!” the site proclaims. It goes on to argue that the anti-sodomy law Cuccinelli is defending is really an “anti-child predators law” that has kept 90 people on the state’s sex offender registry.

Last month, Cuccinelli appealed to the Supreme Court, after an appeals court ruled that the anti-sodomy law is unconstitutional. The Supreme Court already declared laws banning sodomy unconstitutional in Lawrence v. Texas back in 2003, but Virginia kept its “Crimes Against Nature” law on the books. Cuccinelli has been trying to use that statute to prosecute a man for having oral sex with two teenagers. The AG insists that the law is “an important tool that prosecutors use to put child molesters in jail.”

With the new website, Cuccinelli is trying to put Democratic gubernatorial candidate Terry McAuliffe on the defensive, arguing that he’s “playing politics instead of protecting our children.”

But as I’ve written before, Cuccinelli’s argument will be a tough one to make before the Supreme Court, because it’s basically asking the justices to rule again on an issue they’ve already decided on so that Virginia can keep a legal loophole open:

This specific case deals with a man who was prosecuted under the “Crimes Against Nature” statute for having had oral sex with women, a felony offense under that law. The man in the case, William MacDonald, was in his late 40s when he was charged with having consensual oral sex with two young women who were, at the time, ages 16 and 17. While that might be seen as creepy, in Virginia, the age of consent is 15 years old. It is considered statutory rape—a felony offense—to have sex with anyone under that age. Under state law, an adult can be prosecuted for “causing” delinquency by having sex with someone between the ages of 15 and 18, but that is only a misdemeanor. MacDonald was convicted of such a misdemeanor, and his lawyers aren’t challenging that conviction. But they have challenged—so far, successfully—the state’s attempt to prosecute him for violating the “Crimes Against Nature” law.
Because Virginia still has this anti-sodomy law on the books, the state wants to use it against MacDonald and win a felony conviction. The state, however, couldn’t prosecute him under this statute if he had engaged in vaginal sex. That is, the state is trying to use a loophole in the law that makes oral, but not vaginal, sex a felony in order to go after this guy. The court of appeals determined that MacDonald could not be prosecuted under this law because the US Supreme Court ruled in 2003 that such laws are an unconstitutional “intrusion into the personal and private life of the individual.”

Virginia’s anti-sodomy law may not be a winner with the courts, but Cuccinelli’s new campaign site makes it clear that he thinks it’s a winning issue with voters.

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New Cuccinelli Website Defends Virginia’s Anti-Sodomy Law

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Ohio Joins The War on Women, Redefines Pregnancy

Mother Jones

In the race to cut off women’s access to reproductive health services, Ohio appears to be pulling even with Texas. In the Lone Star State, Gov. Rick Perry is calling a special session to pass the antiabortion bill that was dramatically filibustered by state Sen. Wendy Davis. Not to be outdone, Ohio’s Republican Gov. John Kasich on Sunday night signed a new, $62 million state budget that includes some of the most severe abortion restrictions in the country.

Kasich’s budget, as the Toledo Blade reports, prohibits publicly funded hospitals from entering into so-called emergency care transfer agreements with nearly abortion clinics. Clinics need such agreements to care for patients with complications, and of the 12 clinics that provide abortions in Ohio, many may be forced to shut down as a result.

Another provision in Kasich’s budget requires that doctors who provide abortions perform a fetal ultrasound and require the mother to listen to or see the heartbeat. Doctors who fail to do so could be prosecuted. The budget redefines a fetus as “developing from the moment of conception” rather than when a fertilized egg implants in the uterus. (Most fertilized eggs leave the body before implanting, meaning many women who were not actually pregnant would now be considered to be have been carrying a “fetus” in Ohio.)

Kasich’s budget also sends Planned Parenthood to the end of the line to receive state funding for family planning services, effectively removing $1.4 million in funding. So-called crisis pregnancy centers, which do not provide abortions and have been criticized for providing inaccurate information, will now get state funding.

This isn’t a complete surprise, as Kasich has always been a pro-life Republican. Yet a more complex political calculus is at play too: For months the governor has been advocated accepting Obamacare money to expand Medicaid in Ohio, and conservatives have savaged him for it. In the new budget, he line-item vetoed a provision that sought to block him from adding people to the Medicaid rolls. By allowing the antiabortion provisions, Kasich avoided yet another brawl with tea partiers.

Kasich is up for reelection in 2014, when he’ll face Democrat Ed FitzGerald. By signing the new abortion restrictions into law, Kasich can expect to be, along with Perry, a top target of the “war on women” fury that was so effective in helping Democrats in 2012.

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Ohio Joins The War on Women, Redefines Pregnancy

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VIDEO: "I Now Pronounce You: Spouses for Life"

Mother Jones

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Friday afternoon at San Francisco’s City Hall, Kris Perry and Sandy Stier become the first same-sex couple in California to legally marry following a major Supreme Court decision on Wednesday that effectively overturned California’s voter-approved ban on same-sex marriage. The couple were litigants in the court’s Hollingsworth v. Perry case, which addressed the California ban, making today’s ceremony especially memorable for the crowd of local supporters and national media in attendance. Watch below as California Attorney General Kamala Harris officiates their wedding and pronounces them “Spouses for life”:

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VIDEO: "I Now Pronounce You: Spouses for Life"

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Watch: San Francisco Celebrates Proposition 8 and Defense of Marriage Act Decisions

Mother Jones

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Hundreds gathered at San Francisco’s City Hall this morning to witness announcements of the Supreme Court’s historic rulings which overturned California’s Proposition 8 and the Defense of Marriage Act. Proposition 8, which banned gay marriage in California in 2008, began its path to the Supreme Court with the help of San Francisco city attorneys. On August 19, 2009 the City and County of San Francisco joined as coplaintiffs challenging the Prop 8 ballot measure. Watch as city officials greet the crowd and gay couples celebrate their renewed right to marry in California.

Note: There were audio recording issues during the final interview, most likely caused by jubilant celebration.

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Watch: San Francisco Celebrates Proposition 8 and Defense of Marriage Act Decisions

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Message to Republicans: Don’t Mess With Texas Women on Abortion

Mother Jones

Texas Democrats launched a 13-hour filibuster in the state Senate on Tuesday to block a GOP-backed bill that would dramatically limit abortion access in the Lone Star State. The bill bans abortions after 20 weeks gestation, even in cases of rape and incest, and creates strict new building codes for abortion clinics that threaten to shut down nearly all of the state’s providers.

The bill passed through the House on Monday despite a 12-hour delay by Democrats and a citizens’ filibuster that brought hundreds of protesters to the State Capitol in Austin. “I saw the future of Texas last night, and it is not apathetic,” Heather Busby, executive director of NARAL Pro-Choice Texas, told The Huffington Post. “It is ready for a change.”

State Sen. Glenn Hegar (R-Katy) introduced Senate Bill 5 in a special 30-day session that Texas Governor Rick Perry called, in which only a simple majority is needed to send the bill to the floor instead of the usual two-thirds majority. Today is the last day of the session, so filibustering past midnight will kill the legislation, unless Perry decides to call another session. The bill caps abortion access at 20 weeks, even though the 1973 Supreme Court ruling Roe v. Wade allows abortions up until the point that a fetus can live outside the womb (which is usually considered to be 24 weeks gestation). A dozen other states have already passed laws banning abortion after 20 weeks, but the laws have been struck down as unconstitutional in Arizona and Idaho.

The bill also requires doctors who perform abortions to have admitting privileges at a hospital within 30 miles of the clinic. Finally, the bill requires clinics to comply with building codes designed for out-patient surgery centers found in hospitals, a provision that the bill’s opponents say would force most of the state’s remaining abortion providers to close. Only five of the state’s 42 clinics are expected to be able to comply with the new standards—in a state of 26 million people where women already travel an average of 43 miles to get an abortion. Texas clinics have already taken a heavy financial hit in the last two years, as legislators slashed state funds and refused federal Medicaid money in an attempt to shut down Planned Parenthood providers.

Last Thursday, more than 700 protesters, many of them women who had traveled from other parts of Texas, showed up to protest the bill and waited in line to testify for hours. When the chairman tried to end the public testimony, this happened:

State Sen. Wendy Davis (D-Fort Worth) is leading Tuesday’s filibuster (in pink sneakers) and is expected to hold the floor and speak—without bathroom breaks—until the Senate adjourns at midnight. This isn’t her first rodeo: In 2011, Davis temporarily stalled a plan from Governor Perry that would have slashed $5.4 billion from public schools, turning her into something of an overnight celebrity. That filibuster, however, was only a little over an hour. According to the Texas Observer, Texas Democrats knew that the abortion bill would pass through the House, but they delayed it Sunday night so that Democrats in the Senate would have time to launch a filibuster.

Senate rules require a 24-hour waiting period before the Senate can debate the bill. So House Democrats hoped to delay SB 5 long enough to give Senate Democrats a chance to filibuster the bill

“There’s an assault on women in this state and this legislation is a prime example of that,” the Senate’s Democratic leader, Kirk Watson (D-Austin) told The Star-Telegram. “It’s important that a woman like Davis who’s the mother of two daughters will be the one standing. We will all be there providing assistance and help.”

The protesters plan to continue to camp out in the capitol building throughout the filibuster.

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Message to Republicans: Don’t Mess With Texas Women on Abortion

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The GOP Tries to Redefine Rape Exemptions—Again

Mother Jones

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The House debated and passed a bill on Tuesday that would ban all abortions after 20 weeks across the country. The bill, passed by a nearly party-line vote of 228 to 196, replicates laws passed in a dozen states in the past three years limiting the time period during which women can obtain a legal abortion.

HR 1797, sponsored by Rep. Trent Franks (R-Ariz.), is not expected to pass the Democrat-controlled Senate, and President Barack Obama has already threatened to veto it. But it does contain a provision that redefines rape exemptions, significantly limiting the number of women who would qualify. In order to obtain an abortion after 20 weeks under this law, a woman who was raped must be able to prove that she reported the rape to authorities—a requirement not present in other rape exceptions to federal abortion laws.

Republicans added this provision to the bill, which originally included no exceptions for rape or incest, after the House Judiciary committee approved it last week. But the alternative language Republicans inserted creates its own problems. It is more restrictive than the Hyde Amendment, the law barring federal funds from being used to pay for abortions. Hyde specifically exempts cases of rape, incest, or when the life of the mother is at stake—with no requirement that women have documentation from police that they reported the crime.

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The GOP Tries to Redefine Rape Exemptions—Again

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Republicans Want to Ban Abortions After 20 Weeks. Here’s How One Group Is Fighting Back

Mother Jones

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The Center for Reproductive Rights, a New York-based nonprofit, is at the center of the key legal battles over abortion and contraception.

CRR filed the lawsuit that forced the Obama administration to drop its effort to restrict access to Plan B One-Step—a brand of what is popularly known as the morning-after pill—this week, making emergency contraception available over-the-counter to everyone. The group is also leading the legal fight against bans on abortions after 20 weeks of pregnancy, which a dozen states have passed in the last three years. And next week, the Supreme Court is expected to announce whether or not it will hear Oklahoma’s appeal of court decisions CRR won blocking both a mandatory sonogram law and a ban on medication abortion in that state.

CRR’s president and CEO, Nancy Northup, was in Washington this week to talk to legislators about what’s happening in the states and to promote her group’s proposal for a Bill of Reproductive Rights. Launched last year, the effort calls on federal legislators to pass protections for abortion and other reproductive health care at the federal level. The GOP-led House, however, was moving in the opposite direction this week, with the judiciary committee debating Rep. Trent Franks’ (R-Ariz.) bill to ban abortions after 20 weeks nationwide. Mother Jones spoke to Northup during her visit.

Mother Jones: The DOJ’s latest offer is that the FDA will make Plan B One-Step available over-the-counter for everyone, but the appeals court’s ruling last week said that it needed to make all types of two-pill EC available. So the administration’s response didn’t actually answer the court’s ruling. What’s next?

Northup: We’re going to back to the court saying, “Enough with the gamesmanship.” It’s safe and effective. All these pills are safe and effective for use by all ages and they should all be over the counter. And that the generic option, which is less expensive, should be available. They’re $10-20 cheaper.

Mother Jones: Another issue CRR has been involved in is the 20-week abortion bans in the states. You recently won a lawsuit against Arizona’s in court. But at this point, 12 states have passed this type of law. What’s next on that front?

Northup: There are some states with no providers who offer abortions up to 20 weeks. So we’re not challenging those, because we have no standing to challenge them. That again shows how much of a political and messaging campaign this is by people who want to restrict access. Why are they are passing 20 week bans in states where doctors don’t even provide those services? Everywhere that they have been challenged, they have been, to date, enjoined. In Georgia there’s a preliminary injunction in place. Arizona has an injunction after the 9th Circuit decision. Idaho’s decision came down that it was unconstitutional. What we’re now looking at is fighting the 12-week ban in Arkansas, and we will be filing in North Dakota against the six-week ban. We challenge them where it’s meaningful to challenge them.

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Republicans Want to Ban Abortions After 20 Weeks. Here’s How One Group Is Fighting Back

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Your Hormones Tell You How To Vote

Mother Jones

Today we’re witnessing an explosion of research on the biological factors that may underlie our political views. This new body of science is, slowly but surely, upending the old “I vote Democrat because Mom and Dad did” view of where our ideologies come from, and substituting an explanation based on genes, personalities, and emotions.

But to draw a seamless connection between a person’s genes and his or her political orientation poses a formidable scientific challenge. What’s more, there’s a crucial biological step that, thus far, has been largely missing. Genes, after all, are simply the code or template that our cells use to make proteins. So what are those proteins doing in the body to create political leanings?

Today’s political psychologists and biologists are homing in on a possible answer: Genetic differences may influence the body’s production of hormones (such as testosterone) and neurotransmitters (such as dopamine). These chemical messengers flow through the bloodstream and in between nerve cells, shaping our patterns of attention, response, emotions, and much else. Such patterns, the thinking goes, then come together to create our values and personalities; and these, along with input from our surroundings, impel our political ideologies and behaviors.

“The variation between people in hormone levels is just tremendous, and I don’t think we really appreciate that,” explains John Hibbing, a political scientist at the University of Nebraska-Lincoln who has been a pioneer in studying the biology of ideology.

This is a very new field, but already researchers have homed in on some hormones and neurotransmitters that may be involved in politics:

Cortisol: This stress hormone may also influence us politically, according to recent research by Hibbing and his collaborators. “You can see people’s cortisol levels go up dramatically when you stress them out,” Hibbing says—for instance, by requiring them to prepare to give a speech that is going to be videotaped. “We are finding there are relationships between cortisol and not voting. Those people who don’t vote are the people who tend to have fairly high cortisol levels. Because politics is pretty stressful.”

Testosterone. “There is genetic variance in how much testosterone someone has at birth, and there are certain things that can enhance or diminish that,” explains Brown University political scientist Rose McDermott, a prominent researcher on the science of ideology who authored a recent book chapter on hormones and politics. “One of those things that enhance that is muscle mass—if you build muscle mass, you enhance” your testosterone levels.

What might this have to do with politics? While direct research linking testosterone to ideology is lacking, researchers have recently published data tying muscle mass to political preferences. One study shows that rich men with large biceps are more opposed to wealth redistribution than rich men with small biceps. Another study finds that weightlifting ability correlates with support for, er, a more muscular foreign policy. Plus, get this: Men with wider faces (an indicator of testosterone levels) have been found to be more willing to outwardly express prejudicial beliefs than their thin-faced counterparts.

Oxytocin: Often dubbed the “love hormone” because of its role in forging ties between lovers (and parents and children), oxytocin may also have a role in politics. Paul Zak, a neuroeconomist at Claremont Graduate University, describes research in which a nasal spray containing oxytocin made research subjects more generous in sharing money to with one another. But before you jump to the conclusion that oxytocin simply fuels generosity, consider another study, in which the hormone seemed to promote cooperation with your in-group or tribe, but quite the opposite with an outside group or tribe that threatens you. Clearly there are strong political implications here—and not entirely cuddly ones.


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Dopamine: This neurotransmitter shapes our need for pleasure, rewards, and novel sensations. Indeed, “sensation seeking” has been associated with particular dopamine receptors in the brain whose numbers vary, for genetic reasons, from individual to individual. A particular variant of the gene that codes for these receptors has, in turn, been associated with political liberalism; one study found that people who had the key gene variant in question were more likely to be political liberals.

None of which is to say that researchers can definitively say how any of the four chemicals discussed here—cortisol, testosterone, oxytocin, and dopamine—may affect us politically. Nor are they the only candidate hormones or neurotransmitters that may do so. “I think it would be a mistake to kind of lead people to believe that in the near future this is going to be tied up with a ribbon,” says Hibbing.

For Hibbing that’s good news, because studying political hormones could help lay to rest the concern that the new biology-of-politics research is focused on simplistic genetic explanations for why we think as we do. “It moves us a little bit away from the nature-nurture debate, because clearly, the nature of your endocrine system and how it’s released, it’s influenced by genetics, but also by your experiences in your early life,” he says. Our hormones pulse and cascade, in part, in response to what happens to us—and what has happened to us. And over time, a pattern of response can be laid down. Nobody disputes that—but what scientists are now saying is that the pattern itself may influence our political leanings.

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Your Hormones Tell You How To Vote

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Buying Plan B Will No Longer Require an ID or a Prescription

Mother Jones

The Obama administration did an about-face on emergency contraception Monday evening, announcing that it will allow women to obtain Plan B One-Step over the counter without age restrictions or ID requirements.

Last month, the Department of Justice had appealed an April 5 ruling by US District Court Judge Edward R. Korman, who said the Food and Drug Administration should make all forms of levonorgestrel-based emergency contraception, or EC, available over the counter to all women, regardless of age. Here’s the letter the DOJ sent Korman on Monday:

We write to advise the Court that the Food and Drug Administration (FDA) and the Department of Health and Human Services (HHS) have complied with the Court’s April 10, 2013, judgment in the above-referenced case by granting the 2001 Citizen Petition and making Plan B One-Step (PBOS) available over-the-counter (OTC) without age or point-of-sale restrictions as described below. It is the government’s understanding that this course of action fully complies with the Court’s judgment in this action. Once the Court confirms that the government’s understanding is correct, the government intends to file with the Circuit Court notice that it is voluntarily withdrawing its appeal in this matter.

The Center for Reproductive Rights, which had sued the administration to force universal availability of EC, welcomed the change, but noted that it still does not go far enough. “Now that the appeals court has forced the federal government’s hand, the FDA is finally taking a significant step forward,” said the group’s president, Nancy Northup. “But the Obama Administration continues to unjustifiably deny the same wide availability for generic, more affordable brands of emergency contraception.”

Northup added that CRR “will continue to fight for fair treatment for women who want and need more affordable options.”

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Buying Plan B Will No Longer Require an ID or a Prescription

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Court: Some Types of Emergency Contraception Must Be Available Over the Counter ASAP

Mother Jones

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An appeals court has ordered the Obama administration to make at least some forms of emergency contraception (EC) available over the counter immediately.

There are two types of EC, a.k.a. the “morning after pill”—one that has two separate pills that contain hormones to prevent pregnancy, and another that requires only one pill. A three-judge panel of the Second Circuit Court of Appeals ruled Wednesday that varieties of EC that are sold as two separate pills need to be made available over the counter to everyone immediately. The availability of the one-pill variety will be determined after the full appeal is heard later this year.

Judge Edward R. Korman ruled in April that emergency contraception should be made available to everyone—without a prescription and regardless of age—within a month. The Obama administration appealed that ruling and asked Korman to delay its implementation. Korman refused, calling the administration’s argument “something out of an alternate reality.” After that, the Obama administration asked the appeals court to delay implementation of Korman’s ruling. That’s what led to Wednesday’s decision, when the appeals court said it wouldn’t delay Korman’s ruling as it applied to two-pill EC, but would postpone a final decision on the one-pill products.

Although they were surely hoping that an appeals court would just deny the administration’s request in its entirety, reproductive rights groups were pleased with Wednesday’s decision. The decision means that, for the first time, some form of emergency contraception will be available over-the-counter for all women. “Finally, after more than a decade of politically motivated delays, women will no longer have to endure intrusive, onerous, and medically unnecessary restrictions to get emergency contraception,” said Nancy Northup, president of the Center for Reproductive Rights, which filed the original suit against the FDA, in a statement.

But this does mean that, for now, Plan B One-Step—the most common form of one-pill emergency contraception—will be available over-the-counter only to women ages 15 and over who have government-issued ID to prove their age. And generic brands of one-pill EC will be available over-the-counter only for women ages 17 and over with ID. Confusing, right?

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Court: Some Types of Emergency Contraception Must Be Available Over the Counter ASAP

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